Alexander is charged with two counts of felony operating unlicensed assisted living facilities in Marion Oaks. She was also charged with one count of felony neglect of an elderly person or disabled adult, but a jury that heard the case in April acquitted her on this charge.

The jury could not agree on a verdict for the other two counts.

According to Florida law, part of the definition of an assisted living facility states it must provide “one or more personal services.”

At trial, Hopson argued that to prove the provision of “personal service,” the state must prove Alexander provided the residents with both assistance with, or supervision of, activities of daily living, and with assistance with, or supervision of, self administration of medication.

Assistant State Attorney Phil Hanson argued he only had to prove Alexander provided either assistance with, or supervision of, activities of daily living, or assistance with, or supervision of, administration of medication.

The jury asked several questions about the law. Since the attorneys disagreed, Lambert could only give the jury limited guidance, which ultimately led to a hung jury.

The attorneys are now trying to prevent the same issue from recurring if the case proceeds to trial again.

Hanson filed a motion asking the judge to prohibit the defense from arguing the state must prove both elements to prove Alexander provided personal services.

“This is a legal issue, that I think the court needs to resolve this,” Hanson told Olhman. “I don’t think it has to be in the jury’s hands — does he have to prove one, or does he have to prove both?”

Hanson acknowledged if he had to prove both, he could not prove his case because he cannot prove the assistance of daily living element.

“That’s where we stand, and it’s a bit muddled, there’s no question about that,” Hanson said.

The case was scheduled to begin jury selection for the re-trial this coming Monday, but since Slaughter is new to the case and Hanson’s motion is still pending, Ohlman agreed to continue the case until July 23.

He also continued Alexander’s second case, where she is charged with fraud for allegedly stealing food stamps, to September.

According to Hanson, a plea offer has been extended in the assisted living facility case that calls for an adjudication of guilt and five years of probation. Alexander also would be required to completely exit the landlord-tenant business.

During the April trial, she took the stand and told the jury she continues to operate three homes in Marion Oaks.

She testified her businesses provide emergency shelter and transitional housing and do not charge those who cannot afford to pay.

While several state witnesses described poor living conditions in the homes, defense witnesses were appreciative of Alexander’s good Samaritan efforts.

<p>As the woman charged with operating unlicensed assisted living facilities watches her case wind through the court system, the players are changing.</p><p>On Wednesday Circuit Judge Jonathan Ohlman presided over a hearing in the case for the first time, taking over for Judge Brian Lambert, who is now an appellate judge in Daytona Beach.</p><p>During the morning hearing, Ohlman granted defense attorney Todd Hopson's request to be removed from the case. Defense attorney J. Melanie Slaughter is now representing Mary Deneen Alexander, 48.</p><p>Alexander is charged with two counts of felony operating unlicensed assisted living facilities in Marion Oaks. She was also charged with one count of felony neglect of an elderly person or disabled adult, but a jury that heard the case in April acquitted her on this charge.</p><p>The jury could not agree on a verdict for the other two counts.</p><p>According to Florida law, part of the definition of an assisted living facility states it must provide “one or more personal services.”</p><p>At trial, Hopson argued that to prove the provision of “personal service,” the state must prove Alexander provided the residents with both assistance with, or supervision of, activities of daily living, and with assistance with, or supervision of, self administration of medication.</p><p>Assistant State Attorney Phil Hanson argued he only had to prove Alexander provided either assistance with, or supervision of, activities of daily living, or assistance with, or supervision of, administration of medication.</p><p>The jury asked several questions about the law. Since the attorneys disagreed, Lambert could only give the jury limited guidance, which ultimately led to a hung jury.</p><p>The attorneys are now trying to prevent the same issue from recurring if the case proceeds to trial again.</p><p>Hanson filed a motion asking the judge to prohibit the defense from arguing the state must prove both elements to prove Alexander provided personal services.</p><p>“This is a legal issue, that I think the court needs to resolve this,” Hanson told Olhman. “I don't think it has to be in the jury's hands — does he have to prove one, or does he have to prove both?”</p><p>Hanson acknowledged if he had to prove both, he could not prove his case because he cannot prove the assistance of daily living element.</p><p>“That's where we stand, and it's a bit muddled, there's no question about that,” Hanson said.</p><p>The case was scheduled to begin jury selection for the re-trial this coming Monday, but since Slaughter is new to the case and Hanson's motion is still pending, Ohlman agreed to continue the case until July 23.</p><p>He also continued Alexander's second case, where she is charged with fraud for allegedly stealing food stamps, to September.</p><p>According to Hanson, a plea offer has been extended in the assisted living facility case that calls for an adjudication of guilt and five years of probation. Alexander also would be required to completely exit the landlord-tenant business.</p><p>During the April trial, she took the stand and told the jury she continues to operate three homes in Marion Oaks.</p><p>She testified her businesses provide emergency shelter and transitional housing and do not charge those who cannot afford to pay.</p><p>While several state witnesses described poor living conditions in the homes, defense witnesses were appreciative of Alexander's good Samaritan efforts.</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>